[2018] KEHC 4673 (KLR)
The court found that the applicant failed to demonstrate any sufficient cause for the delay in filing the Notice of Appeal from the date judgment was delivered. Furthermore, the applicant did not frame any question of law for consideration by the Court of Appeal in the intended second appeal. The court was not...
Source-derived case information.
- Citation
- [2018] KEHC 4673 (KLR)
- Parties
- Applicant: Edward Okemba Okemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 46 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement of a Child, Appeal Out of Time, Conviction Upheld
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Okemba Okemba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application
Legal Issues
- 1 Whether the applicant has shown sufficient cause for delay in filing the Notice of Appeal.
- 2 Whether there is a question of law for consideration by the Court of Appeal in the intended second appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate any sufficient cause for the delay in filing the Notice of Appeal from the date judgment was delivered. Furthermore, the applicant did not frame any question of law for consideration by the Court of Appeal in the intended second appeal. The court was not satisfied that the applicant's incarceration constituted sufficient cause for delay, nor was there evidence of poverty or other extenuating circumstances. As a result, the application for extension of time was dismissed, and the applicant was ordered to serve the lawful sentence as previously imposed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant to serve the lawful sentence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CR. APPL. NO. 46 OF 2018
(CORAM: R. E. ABURILI - J.)
EDWARD OKEMBA OKEMBA ................ APPLICANT
VERSUS
REPUBLIC ............................................... RESPONDENT
RULING ON APPLICATION
I have considered the application by the Applicant/Convict as presented the grounds and deposition in his sworn aaffidavit annexed. I am not satisfied that any sufficient cause has been shown for delay in filing Notice of Appeal from 2nd February 2018 when Hon. D.S. Majanja J delivered judgment on appeal upholding the conviction and sentence of the appellant for the offence of defilement of a child.
There is no evidence that the applicant is poor by virtue of his lawful incarceration.
There is no single question of law has been framed for consideration by the Court of Appeal in the intended second appeal.
Accordingly, the application is dismissed.
The Applicant to serve the lawful sentence.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE